on the basis of the department's analysis. >> i will take that amendment to my motion. i will accept. >> so again, on that motion from the president to uphold this denial. on the basis of the dpw's analysis. on that motion, commisioner fung? >> aye. >> and commissioner hurtado is absent. vice president lazarus? >> aye. >> and commissioner honda? >> aye. >> thank you. the vote is 4-0, with denial is upheld on that basis. >> we'll call item no. 9, appeal no. 12-101,shumei fang doing business as ceo health club, inc., versus department of public health, appealing a 90-day suspension issued on august 14th, 2012 of a massage establishment permit. director's case no. msg12 -39.